All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi. (601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms

What can the Judge Order you to do in a Divorce/Custody Case?

Getting divorced allows the Government into your life!

Getting divorced happens. It can be relatively easy or it can be one of the most difficult times of your life. However, the impact can also last a lot longer than the few months or the few years of the litigation.

The Court has the authority to make you pay child support. And in Mississippi, that can last until the child turns 21. The age is NOT 18 and it cannot be, even by agreement.

Additionally, the Court could make you pay for college, even beyond age 21.

The Court can make you pay for health insurance and non-covered medical expenses, like co-pays, prescriptions, dental, vision, and all out-of-pocket expenses.

The Court can make you pay for extracurricular activities; sports, dance, cheer and scouts. The Court can make you pay for daycare, after care, summer care and school expenses.

Cars, cell phones and private school expenses are usually not Ordered but under certain circumstances the Court could.

The Court can obligate you to hundreds and even thousands of dollars $$ per month that are to be paid or you might even go to JAIL!!

Interestingly, we really don’t contemplate any of these potential obligations when we get married…

Matthew Thompson is a child custody and child support attorney in Mississippi.

Children Eligible for ADOPTION NOW!

Adoption is a legal process whereby a person assumes the parenting of another, usually a child, from that person’s biological or legal parents. This permanently transfer all rights, obligations and responsibilities, along with filiation, from the biological parents to the adoptive parents.

Numerous Mississippi children are eligible for adoption right NOW. The Mississippi Dept. of Child Protection Services maintains a list of children legally free for adoption in its Heart Gallery.

Children of all ages, races, backgrounds and situations are eligible for adoption. Some of the children have special educational, emotional, or medical needs. While this information is confidential and does not appear in the children’s descriptions, it will be provided to qualified adoptive placements well prior to any adoption finalization. More detailed information about the child will be shared with interested families as they continue the matching process.

If you are interested in a child featured on the Mississippi Heart Gallery, you may request additional information and inquire about the availability of the child by clicking the child’s bio and completing the inquiry form, emailing the Adoptions Team, or calling the Heart Gallery hotline at (601) 359-4133.

This inquiry will be forwarded to the child’s worker for review and consideration based on the unique needs of the child.

A child eligible from the Heart Gallery could be adopted as soon as a proper match and good fit is established.

Matthew Thompson and Chad King are child welfare and adoption attorneys in the State of Mississippi. They have been a part of hundreds of adoptions in Mississippi throughout the State.

Hello? Why are you “ignoring” me?

…we’re not…

Why I didn’t text you back:
○ I was asleep
○ I was driving
○ I was ghosting you
● I saw your text and told myself that I was going to respond, but I wanted to finish what I was doing first… After that, I got side-tracked and went to do something else and completely forgot your text even existed because I was doing ten thousand things at once until I went to text you days or even weeks later about something completely different.

Right or wrong, it happens!

Foster Parent’s Bill of Rights – FPBOR – Take 4

May the 4th be with you. The Fourth installment of Foster Parent info regarding the MS Foster Parent Bill of Rights

(l) Involvement in all the agency’s crucial decisions regarding the child as team members who have pertinent information based on their day-to-day knowledge of the child in care and involvement in planning, including, but not limited to, individual service planning meetings, foster care review, individual educational planning meetings, and medical appointments;

The foster parent has the right to “be involved” in decisions as a “team member” that has pertinent information. This involvement includes that you may share your opinion…however, it does not go so far as to veto any decision made by the Court or CPS. The above is a paragraph loaded with buzz words, but provides little meat regarding actual decision making.

(m) The opportunity to participate in the planning of visitations between the child and the child’s siblings, parents or former guardians or other biological family members which have been previously authorized by the youth court. Visitations shall be scheduled at a time and place meeting the needs of the child, the biological family, and the foster family.

The foster parent has the right to “participate in planning” visitations. This is not the right to deny or refuse visitations. This is not the right to alter, amend or change the Court-ordered visitation. This is the right to let CPS or the Court know that Wednesday nights, 6:00 pm-9:00 pm isn’t a convenient time for a visit as you are obligated to cook chicken tenders at church. Otherwise, as a foster parent, you are obligated to cooperate with visitation, even if you disagree with the idea and even if the child does not want to go. The child does not “drive the boat.”

Recognizing that visitation with family members is an important right of children in foster care, foster parents shall be flexible and cooperative with regard to family visits but shall retain the right to reasonable advance notice of all scheduled visitations;

Last minute changes or unplanned visits may not work, however, as a foster parent you have agreed to try and make it happen. Please do. The fastest way to no longer be a foster parent is interfere with visits, aka the permanent plan of reunification.

(n) The ability to communicate with department personnel or representatives twenty-four (24) hours a day, seven  (7) days a week, for the purpose of aiding the foster parent;

Again, this is really the ability to provide info or request a call back. You may not get a call back at midnight. Also, if you are providing information for the worker to know/consider, you may not get a text confirmation…

(o) A comprehensive list of all resources available to the foster parent and child, including dental providers, medical providers, respite workers in the area, day cares, and methods for submitting reimbursements;

This means you may be provided a list of providers if its determined that those services are necessary. IF they are not deemed necessary you may not get a list. If these services are deemed necessary it is the foster parent’s responsibility to see that arrangements are made for the child to use these services, with assistance of the agency.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Foster Parent Training – Continuing Education

It’s not just putting on band aids and darning socks…

Ongoing Training Requirements.
All licensed Foster Parents are required to receive ten (10) hours of ongoing annual training, five (5) of which must be in a classroom setting.

The Licensure Specialist shall ensure that the Foster Parents on their caseload are notified of the availability of home-based and online training opportunities, as well as dates, times, and locations of classroom-based classes.


Approved Ongoing Training.
Foster parents are permitted to receive training, with approval of the Licensure Specialist, through participation in the following: training sessions, seminars, workshops, or conferences specifically dealing with children or parenting issues that have been approved by the National Association of Social Workers, Mississippi Chapter or the Child Welfare Training Institute (CWTI);

  1. Training provided by a MDCPS Licensure or Adoption Specialist; and
  2. Individual training sessions conducted as part of a home visit.
    The Licensure Specialist has the authority to approve other training events. Foster parents who wish to participate in any other training event must get permission from the Licensure Specialist/ASWS prior to registering for and attending the training event.
  3. Each ongoing training should impart new skills or knowledge necessary to care for the children in the foster parent’s home. The foster parent cannot seek training on the same subject unless new and updated material is being presented.

    Proof of Training.
    Foster Parents are required to provide a certificate and agenda or other proof of completion to the Licensure Specialist within three (3) months of the training. The Licensure Specialist must place documentation of completion of ongoing training hours in the paper file and in MACWIS.
  4. Carryover Hours.
    Foster Parents who exceed the required number of ongoing training hours may roll over up to three (3) training hours to the next year. The Licensure Specialist must document the total number of hours completed and indicate in the paper file and in MACWIS that the family is eligible to roll hours over to the next year.

Authority: Mississippi Department of Child Protection Services

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Foster Parent’s Bill of Rights -FPBOR Part 3

This is a continuation of the deep dive into Mississippi’s Foster Parent’s Bill of Rights -FPBOR- Part 3 ..

(f) The opportunity to communicate and collaborate, without threat of reprisal, with a department representative when further educational services are needed to ensure the child’s educational needs are met, including services such as an Individualized Educational Plan (IEP), tutoring, occupational therapy, speech therapy and after-school programs;

A foster parent has the right and the obligation to be involved in the education of the foster child. This is the nuts and bolts of educating a young person. From getting them to and from school, events and meetings to addressing tardies, absences, tests, quizzes and programs.

(g) The opportunity to attend all IEP meetings, along with the department worker, at the child’s school as long as the child is in custody and receiving special educational services;

The foster parent should be attending and has the right to attend Individualized Educational Plan (IEP) meetings and helping be a part of the progress and solution. This also means cooperating with the educational goals set by the Agency, school and teachers and NOT supplanting your own independent judgment for that of the School. Issues should be shared with the teacher and agency (social worker) and moved up the food chain if not addressed appropriately.

(h) The opportunity to communicate with the foster child’s guardian ad litem;

The GAL is the investigative arm of the Court and quasi-attorney for the child. They are tasked with interviewing the child, the parents, relatives, and others regarding the reason CPS is involved in the first place. It is NOT unusual for the GAL to not interview foster parents. All of the facts and circumstances giving rise to CPS involvement are not due to anything the foster parent did or did not do. Also, as the plan is almost always reunification in the first instance, the GAL is not too worried with how the licensed, state-approved foster home is doing…however, as a Foster Parent you have the opportunity to communicate and should if its involving the best interests of the child.

(i) The opportunity to attend all youth court hearings involving a foster child occurring while that child is placed in their care without being a party to the youth court action, unless the youth court determines that any foster parent should not be present. Foster parents may attend all youth court hearings and have legal counsel attend and observe with them if the child’s permanent plan is adoption by the foster parents, unless the youth court determines that any foster parent should not be present. Foster parents may communicate with the guardian ad litem in writing at any time. Foster parents may ask to be heard concerning the best interest of the child at any disposition or permanency hearing;

This one is tricky. It states you have the right to attend hearings and then creates caveats. First, the Court (the Judge) has to determine you may or may not attend. This is discretionary. Some judges allow the foster parent to attend and some do not. If are allowed to attend you may have counsel attend with you and OBSERVE. Did you get that? Observe. The FPBOR does not say you may participate and a foster parent is NOT a party.

This mean its possible for you to attend, but you may well not get to ask any questions or really be involved in the hearing. Alternatively, the judge may allow for participation if deemed necessary and in the child’s best interests.

If the permanent plan is adoption the Court is more inclined to allow attendance. Also, if its a disposition hearing or permanency hearing/review a foster parent may ask to be heard. This means you have the opportunity to address the Court. It also means you may be subject to questioning by the Judge, Prosecutor, GAL, parent(s)(or their attorney) and CPS-agency attorneys.

(j) When the dates of the permanency hearing and  permanency review hearing have been set by the youth court, and if necessary to fulfill the notice requirements, the judge or the judge’s designee shall order the clerk of the youth court to issue a summons to the foster parents to appear personally at the hearings as provided by Section 43-21-501;

A summons is a Court-issued document for your required attendance to a hearing for a time and date certain. If summoned there could be consequences if you do not attend.

(k) The opportunity to request from the youth court permission to communicate with the child’s birth family, previous  foster parents of the child, and prospective and finalized adoptive parents of the child, without the threat of reprisal. However, this right creates no obligation of the birth family, previous foster parents, or prospective and finalized adoptive parents to communicate in return;

This allows a foster parent the chance to get information, updates and the like or possibly even provide information. However, no response is required to any inquiry and there is no obligation on any of the above-named positions to do anything at all in response to the communications. This can be quite frustrating as you are merely trying to get an update or provide some helpful information for consideration.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

How to Report CHILD ABUSE.

We are ALL responsible for reporting suspect child abuse!

Reporting Child Abuse and Neglect

What is to be reported to the Mississippi Department of Child Protection Services?

Any known or suspected child abuse, neglect or sexual abuse, Human Trafficking of minors, infants affected by substance abuse, and child fatalities.

Who is legally required to report child abuse and neglect?

“Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child or an abused child, shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Child Protection Services ….”

Everyone is legally required to report suspected child abuse.

Who is considered to be a child?

A person who has not reached their 18th birthday, or a youth 18 years or older IF currently in CPS Custody.

Reports of abuse and neglect of persons 18 years of age or over are to be referred to the MS Department of Human Services, Adult Protective Services, and law enforcement, if applicable.

Vulnerable Adult Abuse Hotline (844)-437-6282 or visit their website here

Who do I call to make a report?

A report may be made to the hotline, 1-800-222-8000, a statewide, toll-free 24-hour line answered seven days a week. 

You may also make a report online through the MDCPS website. Reports of Human Trafficking can also be made to the National Hotline 1-888-373-7888.

If you need to make a report in another state, you can find contact information at Child Welfare Information Gateway by clicking here.

What will I be asked when I call in a report?

The Intake Specialist will ask questions to collect information related to the child’s identity and household members, a full address for the family, and details related to the alleged abuse.  You may be asked questions pertaining to the following.

  • You may be asked to further describe the harm to the child.
  • Your contact information so that the assigned staff responding to the situation will be able to reach you.
  • Whether the abuser is a parent/caregiver
  • If a child has an injury, you will be asked the details about how, when, and where the injury occurred.
  • Any information regarding previous abuse
  • Any other persons who might be able to provide information related to the abuse.   
  • The primary language spoken by the family and whether the family is of Native American heritage.
  • If there are any known dangers for CPS staff visiting the home.
  • The general functioning of family members and whether the children in the home have any specific special needs.   
  • The child’s current location and whether the child is currently being cared for safely by caregivers or whether the child is in imminent threat of harm.
  • Information on relatives or others close to the family who can assist in the child’s safe care or help reduce the threat of future harm to the child.

What happens when I make a report electronically through the agency’s website?

On the online reporting document, you will be asked questions about the victims, caregivers, household members, others who know about the abuse/neglect, and your contact information. 

There will be a place for you to describe the abuse.  The more information provided the better.

If you use the online reporting on the CPS website, you will receive a confirmation number once you have reviewed and submitted your report.  Keep this confirmation number if you ever need it to document your reporting.

Does a reporter have any immunity from liability?

Yes, if the report is made in good faith. Any attorney, physician, dentist, intern, resident, nurse, psychologist, social Worker, family protection Worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor or any other person participating in the making of a required report pursuant to MCA § 43-21-355, participating in the judicial proceeding resulting there from, shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

Do people reporting suspected child abuse or neglect have to identify themselves?

NO. MDCPS does not require a reporter to identify themselves as a condition for reporting suspected child abuse, neglect, or exploitation.  A reporter will be encouraged to leave contact information to allow the assigned staff to contact the reporter for any information which would help assess the report and work with the family.   Insufficient information and the inability to contact the reporter could affect the agency’s ability to intervene for the safety of the child.

MCA. § 43-21-259 requires all records involving children and the contents thereof, including the identity of the reporter, to be kept confidential except as provided in § 43-21-261.

What will happen if you know of the abuse and don’t report it?

Upon being found guilty, the individual shall be punished by a fine not to exceed $5,000, imprisonment in jail not to exceed one year, or both (MCA 43-21-353(7)).

What happens after I make a report?

The information given will be assessed.  Allegations of child abuse or neglect will be forwarded to the corresponding MDCPS staff for a response.  A referral for child abuse prevention services may be utilized when preventive services could reduce the likelihood of future maltreatment.

Source: Mississippi Department of Child Protection Services

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

What is a FOSTER PARENT?

Foster Parents are individuals, or married couples, who complete the steps to become licensed to serve as caretakers for foster children. It may also be a misnomer as a foster parent is NOT a parent in the legal sense of the word…

Foster Parents #1 priority should be taking care of the child for the eventual return of the child to his/her parent(s). Foster Parents have to work with birth families. It is possible for Foster parents to adopt ONLY in situations where the parental rights are terminated, or the parents die, and there are not relatives or fictive kin alternatives. This means that reunification with their families is NOT possible. However, ADOPTION must be the plan for this to even be possible. Don’t sign up to be a foster parent if your ultimate goal is adoption. There are a lot of children that you can adopt right now!

Reunification with the natural parent is ALWAYS the preferred result and first priority. Second is placement with a relative or even a “fictive kin.” Once, ALL other alternatives are exhausted, then a Foster Parent adoption is a possibility.

What should you know about Foster Parenting?

The goal for most children in foster care is to be reunited with their parents. Foster families work with birth parents to achieve this goal. The length of time a child will stay with you depends on many factors. It could be for a few days, a few months, or much longer. A year or more is not unheard of. Also, the longer you are fostering does not automatically mean the better the chance of adoption.

Shared Parenting

As a Foster parent you have to be willing to work with the parent and CPS. This practice encourages joint responsibility for caring, nurturing, and decision-making for the same child.  This is the Foster Parent working with CPS & the natural parent(s) for reunification. Shared Parenting promotes an ongoing positive interaction between the natural parents and the foster parents.

How is caring for a foster child different from caring for my own child?

In many ways it is the same. Foster children need to know that you will be there for them no matter what. Foster children may have different experiences than your own children and need an additional level of care. They may need you to teach them new skills, help them cope with new experiences, and support them through the transition of being in foster care.

Additionally, if the plan is reunification or placement with a relative, the foster parents obligation is to support this goal, regardless of their personal feelings…

Will you be “rescuing” a child from an abusive or neglectful parent?

Yes and no. You will be a safe haven for the child. However their reaction may not be what you expect.

Many people may believe the child will be grateful and relieved to be out of their home situation. This is not often the case. The child’s situation may be normal to him/her, and being separated from family can be traumatic and stressful. Children need time to establish trust.

Are there children who have been neglected or physically, sexually, or mentally abused?

Yes. UNFORTUNATELY, this happens. These children can be impulsive, angry, resentful, and sad. They may act out and even take it out on their foster parent. The agency provides training to help foster parents work with these situations. Are you able to help teach children alternative ways to cope with stress while not taking their words and actions personally? The trauma of removal occurs even when the child is removed from a bad situation.

Foster Parent online application links:

Foster Parent Application (Single) – Complete this form if you are single. You will need to provide your name and an email address to sign your completed application.
  
  
Foster Parent Application (Married) – Complete this application if you are married. Both individuals will need to sign the application. A different email address is necessary for each individual. After the first individual signs the completed form, an email will be sent to the second individual requesting a signature to complete the form.

The role of a foster parent is critically important, but it is also critically important that your motives in serving in this role align with the goal of the agency, the goal of the natural parents and serving the best interest of the child…even over your own interests.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time). This the tip of the iceberg of what a foster parent is, does and needs to know…